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| Acronyms and Abbreviations | |
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| Introduction: Putting Patent Pools into Perspective | |
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| Promoting Patent Access through Collaborative IP Mechanisms: Encountered Problems and Desired Outcomes | |
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| Finding a Way Through the "Patent Thicket" | |
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| The Solution Offered by Collaborative IP Mechanisms: A Brief Overview | |
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| Patent Pools | |
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| Clearinghouses | |
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| Patent Pools as Business Models and Comparison with Alternative Sharing Solutions | |
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| Process Leading to the Establishment of a Patent Pool | |
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| A Step Forward from: | |
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| Bilateral Negotiations | |
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| Cross-Licensing Agreements | |
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| Patent Pools and Standards: Endeavors to Promote Access to Standard-Related Patents for Interoperability Purposes | |
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| Overlaps and Demarcation between Patent Pools and Standard-Setting Organizations | |
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| Interface / Interoperability Standards | |
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| Pivotal Role of Patent Rights and Advantages of Collaborative Settings: Patent Pools Strategies to Overcome "Hold-Up" Problems | |
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| Boosting Access to Standard-Related Patents for a Competitive Market Integration | |
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| European Commission: General Policy Concerns and Recently Announced Actions | |
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| Overcoming the Perceived Shortcomings in the Patent Regime | |
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| Debated Opportunity of Legislative Interventions | |
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| From an Antitrust Law Standpoint | |
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| From a Patent Law Standpoint | |
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| Internal IPR Policies as Self-Regulatory Solutions | |
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| Standard-Setting Bodies' Recommendations | |
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| Patent Pools' Enforced Licensing Terms | |
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| Patent Pools and the Interface between Intellectual Property Rights and Antitrust Law | |
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| Confuting the Traditionally Perceived Antagonism between Patent and Antitrust Law: Introducing the Concept of "Competition of First Level" and Refuting the Idea of "Patent Monopolies" | |
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| Matured View of Complementarity between IP Protection and Competition | |
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| Stance of the US Antitrust Authorities | |
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| European Commission's Corresponding Position | |
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| WTO's TRIPS Acknowledgement of IP as a "Good of Trade" | |
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| Historical Outlook | |
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| Case Survey: The First Distinguished Patent Pools | |
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| Sewing Machine | |
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| Motion Picture | |
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| Folding Bed | |
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| Airplane | |
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| Radio | |
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| Hartford-Empire | |
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| Video | |
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| Discussed Patent Pools' Examples | |
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| The Debated Case of Software: The "Open Innovation Network" Initiative | |
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| Targeting Collective Free "Open Source" Access to Software Patents | |
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| From Linux-Based Cooperative Research Paradigms | |
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| To Institutionalised Consortia, as Advocated by IBM at the Madrid OECD Conference on the Research Use of Patented Inventions in May 2006 | |
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| Drawing up a Balance of "Open Innovation" as Alternative Business Models | |
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| The Celebrated "MPEG LA" Case | |
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| From the First Steps to a Rising Star | |
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| Still a Necessary Evil? | |
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| Comparative Analysis: US Legal Treatment of Patent Pools - Delineating the Modern Archetype | |
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| Outlook on the American Model: The Early Years | |
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| From the Initial Patent Holders' Immunity to the Fierce Supreme Court's Antitrust Scrutiny | |
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| The Patent Act of 1952 and the "Nine No-Nos": Defining the Spheres of Interference between Antitrust and Patent Law | |
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| US Guidelines for the Licensing of Intellectual Property: The Current View | |
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| The Institution of the Court of Appeals for the Federal Circuit in 1982 and the 1988 Department of Justice's Antitrust Guidelines: Advocating the "Rule of Reason" | |
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| The Department of Justice and Federal Trade Commission's 1995 IP Guidelines and their Funding Principles | |
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| Driving Criteria for Patent Pools in the IP Guidelines and Business Review Letters: Sanctioning an Overall More Favourable Approach | |
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| Department of Justice and Federal Trade Commission's Joint Hearings on Competition and IP Law Policy and the Ensuing Innovation Reports: Paving the Way for a Sustainable Balance | |
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| The EU Legal Framework | |
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| Art. 81 of the EC Treaty | |
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| The Proscription of Art. 81 (1) and Its Legal Consequences, in Particular as Set by the 2006 Guidelines on Methods of Setting Fines | |
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| The Scope of the Individual Exemption under Art. 81 (3) | |
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| The Way to the TTBER | |
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| TTBER 1996 and Commission Evaluation Report | |
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| TTBER's Review Process | |
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| Current TTBER and Accompanying Guidelines | |
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| New TTBER's Operative Principles | |
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| Systematisation and Definition of Technology Pools | |
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| Questionable Demarcation of the Pool's Agreements between TTBER and Guidelines | |
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| Antitrust Scrutiny of Technology Pools under the Guidelines | |
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| Nature of the Pooled Technologies: Substitutes v. Complements and the Concept of Essentiality | |
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| Beyond Categorizations: Competitive Efficiencies from a Consumer Perspective | |
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| Different Categories of Technologies and Possible Combined Scenarios | |
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| Antitrust Concerns Beyond Merely Technological Systematizations | |
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| Particular Obligations upon Standard-Related Technology Owners Involved in a Pool: Early Disclosure and Licensing Terms | |
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| A Delicate Balance of Interests as Base for the Commission's Recommendations | |
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| The Precedence Set by Standard-Setting Bodies | |
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| Assessment of Individual Restraints: Non-Compete, Grant-Back and Non-Challenge Clauses | |
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| General Principles | |
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| Contextual Implementation | |
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| Institutional Framework Governing the Pool | |
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| Independent Experts | |
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| Open and Indiscriminate Participation | |
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| Overseen Exchange of Sensitive Information | |
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| Neutral Dispute Resolution Mechanism | |
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| Selected EC Case Law on Patent Pools | |
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| Videocassette Recorders (VCR) | |
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| Advanced Photographic System (APS) | |
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| Digital Versatile Disc (DVD) | |
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| Moving Picture Experts Group (MPEG) | |
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| Third Generation Patent Platform Partnership (3G3P) | |
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| Philips and Sony's CD Disc Licensing Program | |
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| Collaborative IP Mechanisms' Applications: Exploring New Frontiers of Life Sciences | |
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| Patent Pools and Biotechnology: Legal and Business Considerations | |
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| Pilot Experiences | |
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| Cases at Hand | |
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| Golden Rice | |
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| SNPs | |
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| SARS | |
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| HNPCC | |
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| Some Common Remarks | |
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| General Considerations | |
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| The Issue of Funding | |
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| The Alternative Approach of Clearinghouses: Distinctive Features and Applications in Biotechnology | |
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| Defining Characteristics | |
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| Models and Applications | |
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| Information Clearinghouse | |
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| Biosafety Clearing-House | |
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| CAMBIA's Patent Lens | |
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| Technology Exchange Clearinghouse | |
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| BirchBob | |
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| Pharmalicensing | |
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| TechEx | |
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| PIPRA | |
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| Royalty Collection Clearinghouse | |
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| Open Source Clearinghouse | |
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| Science Commons - A Creative Commons' project | |
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| BioBricks Foundation | |
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| CAMBIA's Biological Open Source (BiOS) | |
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| Conclusions: the Way Forward | |
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| List of Works Cited | |